- (1.) The present application under Section 5 of the Limitation Act, 1963 has been filed by the appellants seeking condonation of delay of 189 days in filing the appeal against the judgment and award dated 25.02.2015 indicating therein that the delay was caused, as the appellant Kumari Sumitra Kunwar, was injured as a result of the accident rendering her physically infirm and unable to come to Jodhpur for taking up the requisite steps for filing the appeal.
(2.) It would be apt to reproduce the reasons given in the application under Section 5 of the Limitation Act, which reads thus:- "That the S.B. Civil Misc. has filed by the appellant is suffering with the delay as time barred. The delay is causing due to the inability of the appellant/claimant/injured Sumitra, because at the time of filing the claim application she was minor, but at the time of decision of the claim application she had become major, but due to physical inability she was not able to file the appeal before this Hon'ble Court because in that condition she has to engage the counsel and arrange everything including furnishing of vakalatnama after coming to Jodhpur etc. It is humbly submitted that the applicant/appellant sustained severe back injury and her back bone fractured in the accident and she became almost paralyzed. In such condition, it was very difficult for her to come to Jodhpur and furnish Vakalatnama etc. to her counsel and arrange everything. But as soon as she recovered a little bit, then without causing any delay the appellants/claimants approached to their counsel for filing this appeal after making the arrangement of necessary documents and other expenses, thereafter this application was filed by the counsel for the applicants within the time limit."
(3.) A perusal of the record and the reasons indicated in the application apparently do not inspire confidence; perhaps for this reason, this Court has sent for the record of the Tribunal on 26.08.2017. Mr. Ravi Panwar, learned counsel appearing for the appellants arguing the present application, at the outset submitted that the Court had summoned the record so as to ascertain the physical condition of the appellant, having suffered 22% disablement due to the accident, for which she could not contact the counsel at Jodhpur for filing the appeal.;